Sec. 22.021. USE OF AIRPORT BY ANOTHER. (a) In operating an airport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or other arrangement for a term not exceeding 50 years with a person:
(1) granting the privilege of using or improving the airport or air navigation facility, a portion or facility of the airport or air navigation facility, or space in the airport or air navigation facility for commercial purposes;
(2) conferring the privilege of supplying goods, services, or facilities at the airport or air navigation facility; or
(3) making available services to be furnished by the local government or its agents at the airport or air navigation facility.
(b) In entering into the contract, lease, or other arrangement, the local government may establish the terms and fix the charges, rentals, or fees for the privileges or services. The charges, rentals, and fees must be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the local government.
(c) An arrangement made under this section must be made subject to the terms of a grant, loan, or agreement under Section 22.055.
(d) The 50-year limit on the term of a contract, lease, or other arrangement provided by Subsection (a) does not apply to a contract, lease, or other arrangement under this section between a local government and this state, the United States, or an agency or instrumentality of this state or the United States.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 557, Sec. 1, eff. June 2, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 257 (S.B. 1716), Sec. 2, eff. September 1, 2023.
Notes of Decisions
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App. 2017).
· cites it 3× “]” Tex. Transp.Code Ann. § 22.021(a)(1) (West 2011); see also Hale v.”
Eddins Enter., Inc. v. Town of Addison, 280 S.W.3d 544 (Tex. App. 2009).
· cites it 2× “The charges, rentals, and fees must be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the local government.”
Sidney B. Hale, Jr. v. City of Bonham, 477 S.W.3d 452 (Tex. App. 2015).
“rport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or other arrangement for a term not exceeding 40 years with a person: (1) granting the privilege of using or improving the airport or air navigation facility,…”
Branson v. Port of Seattle, 115 Wash. App. 695 (Wash. Ct. App. 2003).
“§ 42-3-112 (2002) (same); Tex. Transp. Code Ann. § 22.021 (Vernon 2002) (same); Va.”
the City of Cleburne v. RT Gen., LLC (Tex. App. 2020).
“” TEX. TRANSP. CODE ANN. § 22.021(a)(2). Therefore, because the lease here involved the operation, construction, and maintenance of a hangar at the City’s municipal airport, we hold that the City was performing a governmental function when it entered into the lease with RT…”
— Tex. Transp. Code § 22.021(a)(1) — 1 case
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App. 2017).
“]” Tex. Transp.Code Ann. § 22.021(a)(1) (West 2011); see also Hale v.”
— Tex. Transp. Code § 22.021(a)(2) — 1 case
the City of Cleburne v. RT Gen., LLC (Tex. App. 2020).
“” TEX. TRANSP. CODE ANN. § 22.021(a)(2). Therefore, because the lease here involved the operation, construction, and maintenance of a hangar at the City’s municipal airport, we hold that the City was performing a governmental function when it entered into the lease with RT…”
— Tex. Transp. Code § 22.021(b) — 1 case
City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App. 2017).
“]” Tex. Transp.Code Ann. § 22.021(a)(1) (West 2011); see also Hale v.”
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